as well as via iOS and Android applications.
Besecret.com provides a platform for users to write, read and publish texts. The aim is to give users the opportunity to reveal personal secrets anonymously and virtually. Photos or videos can also be published. It is also possible to publish the texts together with photos or videos via the operator's profiles on third-party social media platforms.
These texts can be accessed and publicly viewed via the website www.besecret.com and via an application available for iOS and Android provided by the operator. The purely private, non-commercial use is free for the user. Additional functions are partly chargeable.
(1) Interlive Media LTD, hereinafter also referred to as "the company", provides a communication platform with accompanying services (hereinafter: chat) on the Internet at "https://besecret.com". These terms and conditions apply to every participant in the chat and to all subdomains belonging to the named domain, even if they are used or accessed from outside of Cyprus. With the registration or the later login as a participant, these terms and conditions are accepted and thus part of the contract of use, which comes into existence when the company confirms the registration.
(2) A participant within the meaning of these terms and conditions is anyone who uses the chat mentioned in paragraph 1, in particular the communication and service options offered there. The company expressly points out that the company also uses and operates entertainers who participate in the chat under their own identities, in particular conducting dialogues with other participants. These are usually marked with an entertainer logo under their profiles. Under certain circumstances, it is also possible for an external registered participant to conduct dialogues with an entertainer working for the company without the latter identifying himself/herself as such. The use of entertainers working for the company serves in particular to ensure an exchange option even in the event of a possibly temporary lack of other (external) participants and to monitor compliance with the participant obligations. Incidentally, every participant can also become an entertainer by applying for profile verification. The participant can fill out and send the suitable form for a verification via his profile settings. There are no obligations on the part of the company to accept the verification or to hire the participant as an entertainer.
(3) The company reserves the right to change these terms and conditions, in particular in the context of necessary updates. The participant has the possibility to view the currently valid version of the terms and conditions via the website at any time. There will be no individual notification of the participant about any changes. The participant is therefore responsible for taking note of the current terms and conditions before using the chat. A login after changes to the terms and conditions can only take place after the respective confirmation of the changed terms and conditions. Continued use of the chat by logging in after the terms and conditions have changed is deemed to be the participant's declaration of consent to the changed terms and conditions.
The website and the corresponding applications are provided by the operator, the
INTERLIVE MEDIA LTD
SUITE 9, 186 ST ALBANS ROAD, WATFORD
UNITED KINGDOM WD24 4AS
Registration Nr.: 15086528
Phone: +49 40 6963232 30
The use of the website is permitted from the age of 18. The user assures that he is 18 years of age or older with the complete registration.
Creating contributions and using the application requires registration with gender and age, as well as entering a pseudonym that does not allow any conclusions to be drawn about the names of a natural persons.
The user must agree to the data protection conditions before registering.
Users can publish contributions together with photos and videos under the pseudonym specified during registration. The user's full name, if known, will under no circumstances be published or disclosed to other users.
The posting of contributions by automated systems (bots) is not permitted.
In addition, the user undertakes not
to post any content that:
1. intentionally or through gross negligence contains false statements of fact,
2. Name natural persons,
3. is of a threatening, coercive, insulting, defamatory and/or youthful pornographic nature,
4. content that violates the youth protection laws, is racist, hate speech, is anti-constitutional or/and otherwise punishable,
5. violate applicable law, in particular property rights of third parties, e.g. copyright and naming rights,
6. not to post any content that contains hyperlinks or similar information/references or that is likely to impair the functioning of third-party data processing systems, in particular computers,
7. Posts content that infringes industrial property rights, copyrights, personal rights, property rights or other rights of third parties,
8. makes direct and/or indirect or covert advertisements for goods, services and/or companies,
By posting photo or video contributions, the user assures that they own the rights to publication and that the text and content are free of third-party rights.
VI. Rate and comment on posts
Users can comment on other users' posts. The same conditions apply to the comments as to the posting of new contributions.
In particular, defamatory statements directed against the creator are prohibited. Comments can be deleted by the operator (Section VIII.), even if they do not violate these conditions, if they comment on a post that has been deleted due to Section V.
VII. Chat system
It is possible to exchange non-public messages between individual users. The content is only visible to the respective users of the conversation. The content of the communication is subject to the same conditions as for posting public contributions (Section V). In order to comply with these conditions, the contributions can be viewed by the operator and deleted if necessary (Section VIII). Appropriate protective measures ensure access by unauthorized third parties.
(1) The company offers communication and other services in the chat. The company provides participants with access to the chat database system, through which participants can get to know each other more closely, sports, travel, household goods, etc. In order to be able to use the chat system, a valid e-mail address must be entered for the respective user account in addition to Section IV. In the chat system, every user can send chat requests for free. Other services are also offered. The subject of the chat is expressly not mediation or marriage initiation. Both free services and paid services are offered. The "currency" in chat is the "points". Points may not be misused as virtual commodities; in particular, they cannot be sold for money or other monetary benefits. For the use of certain services, a fee in the amount of a certain number of points has to be paid. Before using a chargeable service, the participant is informed that this service is chargeable and which costs are incurred in the form of points. The service can be used from the participant's account after payment of the notified costs.
(2) The participant has the option of purchasing points for a fee or earning them through various activities. These are offered in various scales and packages. The company provides various payment services for payment. The participant determines the method of payment and the number of points to be acquired, which are to be credited to his participant account after payment. After payment, the amount of points purchased will be credited to the participant's account and can then be used by him.
(3) If the payment is not made correctly by the participant or fails for reasons for which the company is not responsible (in particular if there are insufficient funds in the account, incorrect account information etc.), no credit will be given. Any points already credited as a result of this transaction will be deleted from the participant's account without further notification. The company reserves the right to refuse a new payment in this way with reference to the transaction that has already failed. The participant bears any costs caused by the failure (e.g. bank charges).
(4) It is the responsibility of the participant to provide evidence of a certain amount of points credited to the participant's account. This can see the respective account balance in the chat via his account. The company secures the account data against loss with appropriate measures that correspond to the usual state of the art, in particular through backup systems. However, it is expressly pointed out that, given the current state of the art, it is not possible to protect hardware and software against any misuse from outside and loss of data. There is no invoicing or receipt for purchased coins credit.
(5) If the participant suspects or has indications that his account is being misused, he must inform the company immediately in writing. The company will block the account within 24 hours of receiving the notification. Otherwise, the company is liable for the loss of any points credit, insofar as it is responsible for the delay, but up to a maximum of €50. For further liability, reference is made to XIV of these conditions.
(6) Notifications from the company to the participant are made either via corresponding screen masks after logging in or by push notifications or by e-mail to the e-mail address last provided by the participant. The participant undertakes to retrieve messages to the last known e-mail address on an ongoing basis.
(7) Notifications from participants to the company must be sent by e-mail to the e-mail addresses expressly stated by the company on the above-mentioned website or - especially if the written form is required - by post to the address INTERLIVE MEDIA LTD, SUITE 9, 186 ST ALBANS ROAD, WATFORD, UNITED KINGDOM WD24 4AS >
(8) The participant can create links to other websites or sources. The Company has no control over and is not responsible or liable for the availability of such external websites or sources, nor endorses any content accessible from such websites or sources, and disclaims any liability or warranty with respect thereto, as long as the company has no positive knowledge of the illegality of the content and the company has not immediately deleted the link. If the Company receives an indication that the chat contains a link to an external site on which third-party content is disseminated that conflicts with these Terms and Conditions, the Company is entitled to remove the link. Participants are only permitted to use or relocate copyrighted material insofar as this occurs within the framework of the applicable legal provisions and the applicable conditions of the rights holder or the participant has been given separate permission by the latter. Entrants may not reproduce, reproduce, transmit, distribute, publish, exploit, otherwise transfer to any other data format, electronic or otherwise, or otherwise use such material beyond the permitted limits. In particular, it is not permitted to use brand names or trademarks, regardless of whether this is in the original or modified form or by linking to another domain on the Internet, unless there is an authorization to use it.
Should third parties assert claims against the company as a result of an action/omission of the participant, the participant shall indemnify the company from any claims upon first request.
(9) In the chat, verified participants can send so-called pay messages (images or videos) as a message and set a price in the form of points. In order to be able to view the content, the chat partner must pay the specified points, otherwise he cannot see the content of the message. The price of the content is displayed to the chat partner.
VIII. Deleting contributions by the operator
Contributions are checked by the operator before publication.
Deletion of contributions that were also published on third-party services will be initiated by the operator immediately according to the deletion options provided by the respective third-party provider.
(1) The chat can only be used after registering as a participant. The participant undertakes to fill out the registration form completely and truthfully. If the data to be communicated in the registration changes, the participant is obliged to update this immediately and to send the changes to the company. After successful registration, the participant will be confirmed with the pseudonym and password they have chosen, provided there are no obstacles (in particular inadmissibility or already assigned) to the contrary. It is not possible to register a pseudonym with offensive or insulting content. The participant is obliged to keep his access data secret and in particular to prevent unauthorized use by third parties. The communication and other services offered in the chat may only be used for personal use by the participant. The status of participant in the chat is personal and non-transferable.
(2) Registration as a participant is free of charge. Each participant may only maintain one pseudonym at a time and use the communication and other chat services with this account. Deviating from this, the entertainers (cf. above § II number 2) can participate in the chat at the same time under different pseudonyms/profiles. There is no obligation to participate in the chat after logging in/registering. However, the company has the right to delete an account and its content (e.g. access data, pseudonym) if it is longer than Has not been used for 180 days and has no credit left. The participant will be informed of this by e-mail to the e-mail address last provided by him at least one week before the intended deletion; the deletion takes place if the above conditions are met and the participant does not log in again within the aforementioned period. The assigned pseudonym will be released for registration again after deletion. With the deletion of the profile, all data records stored by the participant are also deleted, provided there is no legal need for storage or this appears necessary to preserve evidence due to legitimate interests. The contractual relationship ends with the deletion of the participant's account.
(3) The use of the chat by the participant is only permitted if they have reached the age of 18. By registering for the chat and confirming these terms and conditions, the participant guarantees that the aforementioned requirements are met in his person. The company expressly points out that some chat offers may contain content that is not suitable for use by minors.
(4) The company is entitled at any time - especially if there are doubts about the correctness of the information provided during registration - to request proof of the information provided by the participant, in particular by submitting official documents such as identification papers. The company is entitled to block the participant's access to the chat in whole or in part until the submission of suitable evidence.
X. Scoring System
It is possible to top up a user account with points. In order to be able to use the points system, a valid e-mail address must be entered for the respective user account in addition to Section IV. These points can be used to use various additional functions within the platform.
Points can be earned by sharing posts, recommending the application, ratings or comments from users. Points are usually credited to account within 24 hours of activity.
Points can also be purchased in packages against payment via a payment service provider. However, these cannot be exchanged for vouchers after purchase.
The points packages can be purchased via Paypal, Paysafecard, Handypay, Sofortüberweisung or by credit card and via the Apple Store for iOS or via Google Pay for Android.
The terms of payment of the respective payment service provider also apply to the payment process.
A separate contract for the acquisition of digital content is concluded in each case.
Participants can also give points to each other via private messages, only the points purchased can be given away, the points earned in the app cannot be given away.
For each recommendation of the application, which results in an installation of the application, the user receives the corresponding number of points credited to his user profile.
For each sharing of a third-party user contribution, which also results in an installation of the application, the user receives these points.
Point packages can be purchased in packages of 50 up to 9000 points. The current price of the package is displayed in the application prior to purchase.
The user receives the points credited to his user account after 14 days. Before the expiry of 14 days, he will receive the points immediately credited as soon as he has expressly agreed to the execution of the contract before the expiry of the cancellation period and he has confirmed his knowledge that he loses his right of cancellation through the consent (§ 356 Para. 5 BGB) .
Points can be exchanged on the platform for messages, gifts or pay messages in private messages (Section VII.) or vouchers in the form of digital codes. Points that have been purchased in a point package against payment cannot be exchanged for vouchers.
The available vouchers and the number of points required are displayed in the application. The vouchers are provided by the operator's partners. The conditions of the respective voucher provider apply to the redemption.
If the user redeems their points for a voucher, they receive this in the form of a digital discount code. The user receives the voucher after 14 days. Before the end of 14 days, he will receive the voucher as soon as he has expressly agreed to the execution of the contract before the end of the cancellation period and he has confirmed his knowledge that he loses his right of cancellation through the consent (§ 356 Para. 5 BGB).
Other special conditions apply to the entertainers registered in Section II Paragraph 2.
XI. Grant of rights
The user grants the operator the right to have his texts created in the application or the website together with the associated image or video on the operator's website, the application and on third-party platforms (social media platforms: Facebook, Instagram, Twitter, Youtube) can be published free of charge and used commercially (simple right of use).
The user is aware of the fact that these platforms usually demand comprehensive granting of intellectual usage rights.
XII. Changes to these Terms and Conditions
In the notification, the operator will inform the user about the specific changes in an understandable way and about their right to object.
Content previously created and permitted under these conditions remains stored and published.
If the user wishes to end use, he must inform the operator via the e-mail address given in the imprint. He will confirm the termination by e-mail and delete stored personal data immediately after the end of the access, as far as legally possible.
If legal retention periods for personal data are to be observed by the operator, the personal data will not be deleted but blocked until the statutory retention period has expired (restriction of processing by appropriate blocking marking, Art. 4 No. 3 DS-GVO).
In principle, the operator assumes no liability for the information provided by its users on the website and in the application for its completeness, topicality, correctness, permanent availability or other quality, also with regard to links. Furthermore, liability that cannot be attributed to intentional or grossly negligent fault on the part of the operator is excluded. Liability according to legal requirements for injury to life, limb or health remains unaffected.
The operator does not adopt the content provided by the users as his own.
Furthermore, the operator assumes no liability for the uninterrupted availability of content/data and information. The operator expressly reserves the right to block, change, supplement or delete parts of the site or the entire website or the applications without notice for a freely determined period of time or to temporarily or permanently discontinue publication.
If the operator becomes aware of legal violations by users, the operator will investigate them immediately and delete them if necessary.
The user will indemnify the operator from all demands and claims that are asserted against the operator due to the violation of third-party rights, insofar as the user is responsible for the breach of duty. The customer shall reimburse the operator for all defense costs and other damages incurred.
XV. Copyright of the operator's content
The content/data published on the besecret.com websites and applications (e.g. software, products, brands such as logos, etc., information, reports, images, videos, illustrations) are protected by intellectual property rights. Further use is only possible with the consent of the operator.
The consent to the exploitation/use by the operator of content of the website and the application that has been created or compiled by the operator can be requested at [email protected]
Only the production of one copy (private copy) of content for personal, non-commercial/commercial use is permitted, provided that the origin remains clearly identifiable, for example through a visible indication of the source.
The agreed data protection declaration that can be accessed on the website https://besecret.com/gdpr
and the application applies.
XVIII. Governing Law and Dispute Resolution
The law of Cyprus.
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be found and accessed at https://www.ec .europa.eu/consumers/odr
can be accessed. The e-mail address of the operator can be found on the imprint of the website and the application. The operator is neither obliged nor willing to participate in the dispute resolution process.
XVIII. Severability clause
Should individual provisions of this contract be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the rest of the contract remains unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions apply accordingly in the event that the contract proves to be incomplete.